Moving before application is approved

[runningfree]

Hi all. I live with my wife in Korea. We applied for her permanent residency at the beginning of this year and I have been approved as a sponsor but that's about it so far. My work contract ends this August in Korea and we plan on moving back to Canada to wait out her application process and I can start working in Canada. She is also pregnant so there's no chance that we'll be separating for any amount of time. I'm curious as to whether or not we'll have any issues at the port of entry to Canada and looking for anyone with a similar experience that can share so I know what to expect. I found this information at canadainternational.gc.ca/korea-coree/ :

11. If I submit an application for sponsorship, can my spouse/partner and I then travel to Canada and wait out the process there, or do we have to wait in Korea?

Our preference is that you wait out the process here in Korea, however, we recognize that in some instances travel to Canada may be essential. Korean nationals do not require a temporary resident visa (TRV) to enter Canada. Please bear in mind that the decision to allow your spouse to enter Canada as a visitor rests with the officer at the Port of Entry. Your spouse/partner may be able to enter Canada as a visitor, but s/he would not be entitled to work or undertake long-term studies there without the appropriate permits. Also, as a visitor your s/he would not have access to provincial health care coverage. The officer at the Port of Entry will determine for how long entry will be granted. If your spouse is called to appear for an interview in Seoul, s/he will have to bear the expense of a trip to Korea, as a file transfer to another office is not possible. In addition, keep in mind that your spouse must maintain his/her visitor status without letting it expire. This might mean applying for a status extension in Canada if his/her permanent resident application in Seoul has not yet been finalized. It is up to you to satisfy the officer that your spouse/partner would leave Canada in the event that your application is refused for some reason. If you know your file number, it would be useful to have it with you when you arrive in Canada, to show to the officer at the Port of Entry.

but it's a little too vague for me (or I may be too paranoid) so I'm hoping to hear some personal experiences.

Thanks a lot to anyone that can offer their advice!

PS I'm aware she won't have health care and am prepared to cover whatever costs so that is not a issue/concern.

 

[MissDominica]

Hi runningfree,

Luckily, she does not need a TRV to enter Canada, so you have that on your side. However, she will only be allowed to enter as a visitor. As such, she may be asked to prove to the Immigration officer that she intends to LEAVE Canada at the end of her permitted stay. This may be difficult as she has little/no ties left in her country (vs Canada) since she is intending to be your PR and is carrying your child. Being that you have already filed for PR and she is TRV-exempt, she MAY be permitted to enter without as much trouble about this (vs. someone who is not TRV-exempt). However, if the officer does not feel satisfied that she will leave if her alotted time runs out, she may be given a very hard time. Bring proof of your application (approval of sponsor, receipts) and show proof that you have money to support her for her entire duration in Canada. If she is visably pregnant, you may need to show more money than normal if she cannot be insured, as a birth in a hospital in Canada can cost $20,000.

If she is permitted to enter, don't forget to extend her visitor visa at least 30 days before it expires so that she is not forced to leave before your PR is approved.

 

[OhCanadiana]

Hi all. I live with my wife in Korea. We applied for her permanent residency at the beginning of this year and I have been approved as a sponsor but that's about it so far. My work contract ends this August in Korea and we plan on moving back to Canada to wait out her application process and I can start working in Canada. She is also pregnant so there's no chance that we'll be separating for any amount of time. I'm curious as to whether or not we'll have any issues at the port of entry to Canada and looking for anyone with a similar experience that can share so I know what to expect. I found this information at canadainternational.gc.ca/korea-coree/ :

11. If I submit an application for sponsorship, can my spouse/partner and I then travel to Canada and wait out the process there, or do we have to wait in Korea?

Our preference is that you wait out the process here in Korea, however, we recognize that in some instances travel to Canada may be essential. Korean nationals do not require a temporary resident visa (TRV) to enter Canada. Please bear in mind that the decision to allow your spouse to enter Canada as a visitor rests with the officer at the Port of Entry. Your spouse/partner may be able to enter Canada as a visitor, but s/he would not be entitled to work or undertake long-term studies there without the appropriate permits. Also, as a visitor your s/he would not have access to provincial health care coverage. The officer at the Port of Entry will determine for how long entry will be granted. If your spouse is called to appear for an interview in Seoul, s/he will have to bear the expense of a trip to Korea, as a file transfer to another office is not possible. In addition, keep in mind that your spouse must maintain his/her visitor status without letting it expire. This might mean applying for a status extension in Canada if his/her permanent resident application in Seoul has not yet been finalized. It is up to you to satisfy the officer that your spouse/partner would leave Canada in the event that your application is refused for some reason. If you know your file number, it would be useful to have it with you when you arrive in Canada, to show to the officer at the Port of Entry.

but it's a little too vague for me (or I may be too paranoid) so I'm hoping to hear some personal experiences.

Thanks a lot to anyone that can offer their advice!

PS I'm aware she won't have health care and am prepared to cover whatever costs so that is not a issue/concern.

Hello!

I'm guessing that the vagueness/paranoid feeling is coming from the fact that "The officer at the Port of Entry will determine for how long entry will be granted."

Unfortunately, while you can prepare, there's really nothing you can do to get certainty on this. People have reported very different experiences depending on the officer they get at entry - from straightforward and easy (leaving with a 2-year visitor record) to, yes, getting turned away. US-based folks who have gotten turned away at one border get welcomed with open arms when they try a different border. Dual-intent entry requires the VO to be convinced the visitor will leave in the short-term if the PR is not issued before the visitor's status expires.

To help, you can prepare a few items: take a copy of your application with you and a print-out of your sponsor approval. Also, try to travel together and have an explanation ready for how you will handle things if your wife's stay expires and you haven't heard back from the VO (while you can request an extension of your visa, what will you do if it gets denied? It's unlikely to happen, but be prepared to convince them that your wife will leave Canada if the extension gets denied, and your humanitarian & compassionate appeal fails ... unlikely since your baby will be Canadian and the courts will want to keep the family together.)

Also, be ready to show funds to pay for the delivery (assuming she's still pregnant in August) since being pregnant isn't itself a reason to deny entry but it can increase the question of whether she'll leave Canada when her stay expires and there can be questions about the delivery becoming a burden for the state.

BTW, Wow! The Korean VO gets the prize for most-helpful VO! I was going through their FAQs and was amazed that they even allow you drop by with any questions before sending the application in. If you can, avail yourself of the ability to stop by and ask for advice so that they can give you tips and/or perhaps even jot something helpful down in your file.

 

[runningfree]

Thanks a lot for the replies! I'll be sure to take the advice given and prepare as much as possible.